Tag Archives: Libya

UNHCR gravely concerned for safety of asylum seekers & refugees in Libya

From UNHCR: “… Some of the reports we are getting from third-party sources are very worrying. A journalist has passed information to us from Somalis in Tripoli who say they are being hunted on suspicion of being mercenaries. He says they feel trapped and are frightened to go out, even though there is little or no food at home. … We ask all countries to recognize the humanitarian needs at this time of all people fleeing targeted violence, threats, and other human rights abuses in Libya.”

Click here for UNHCR note.

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EU Foreign Affairs Council: Condemnation of Libya, but No Call for Sanctions or Travel Bans

The conclusions of the just completed EU Council meeting on Foreign Affairs were released yesterday.  Not surprisingly, Libya was a major topic of discussion and there was condemnation of the Libyan government’s actions.  But there is a strong difference of opinion among member states regarding what else should be done.  Finnish Foreign Minister Alexander Stubb called for the imposition of sanctions against Gaddafi, his family, and Libyan government officials saying “it was hypocritical that Europe last month slapped sanctions on the Belarussian leader, Alexander Lukashenko, and his associates. ‘How can we on one side look at what’s going on in Libya, with almost 300 people shot dead, and not talk about sanctions or travel bans, and at the same time put travel bans and sanctions in Belarus?’.”  Italy strongly opposed imposing sanction against Libya:  Italian Foreign Minister Franco Frattini called for a “European Marshall Plan” instead of sanctions.  His plan would “include political, economic, and social support” for Libya.

Among the agreed upon conclusions was the following:  “The Council stresses the importance of strengthened cooperation with Mediterranean countries to address illegal immigration, in accordance with the principles of international law. JHA Ministers meeting later this week in the Council will pursue detailed work on this issue.”

Click here for the Foreign Affairs Council Meeting Conclusions.

Click here, here, here, and here for articles. (EN)

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Italian Air Force on High Alert; More Naval Ships Deployed

After yesterday’s incident involving the two Libyan Air Force defectors who landed their Mirage fighter jets in Malta, Italy placed its air bases on high alert, specifically the bases at Trapani and Gioia del Colle (Bari).  Italy has also deployed several naval vessels, including an electronic warfare ship, towards Libya.  Italian Defence Minister Ignazio La Russa characterised the events as routine, saying there was no specific alarm, but measures needed to be taken to prepare for a possible fall of Gaddafi.

Click here (IT) for article.

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Defecting Libyan Fighter Pilots Chose Malta Over Italy to Avoid Possible Repatriation

Two high-ranking Libyan fighter pilots landed their Mirage F1 fighter jets in Malta yesterday and sought asylum after reportedly refusing to attack civilian protesters in Libya.  La Stampa reports that the Libyan pilots decided to land in Malta rather than Italy because they were fearful that the Italian government would repatriate them under the terms of the Italy-Libya migration agreement. (“La decisione di innalzare al massimo il livello di allerta è stata presa dai vertici militari italiani dopo l’atterraggio a Malta di due cacciabombardieri Mirage libici fuggiti da Bengasi: i piloti hanno raccontato di essersi rifiutati di bombardare i manifestanti che protestavano contro il regime. Ed inoltre, hanno aggiunto di non aver raggiunto l’Italia perchè, in base al trattato italo-libico, avrebbero potuto essere rimpatriati.”)

Click here (IT) and here (EN) for articles.

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Frontex JO Hermes Update

Here is the latest update from the Frontex web site:

“… Joint Operation Hermes 2011, originally planned to commence in June, was brought forward and started on February 20 with a provisional end-date of March 31 as an initial phase with a possible extension if needed. The Operational Plan was prepared on the basis of a Tailored Risk Analysis, created by Frontex at Italy’s request…. As with all Frontex-coordinated Joint Operations, the host Member State (Italy) will play the leading role. All maritime assets and crews will be provided by the Italian authorities and will patrol a predefined area with a view to detecting and preventing illegitimate border crossings to the Pelagic Islands, Sicily and the Italian mainland. Aerial assets made available by other Member States for enhanced border surveillance and search and rescue capability will support these sea patrols. Meanwhile, second-line border control will be supported through the deployment of debriefing and screening experts to identify migrants’ nationalities and to gather intelligence on people-smuggling networks. Further support may also be made available in the area of return operations.

Assets and experts made available by the Member States for Hermes 2011 joint operation:

  • Naval means: Italy
  • Aerial means: Italy, France, the Netherlands, Malta, Spain
  • Experts: Italy, Austria, Belgium, France, the Netherlands, Sweden, Switzerland, Malta, Portugal, and Spain …

The Europol Mobile Office is deployed on the spot in Lampedusa. Europol experts will also provide operational analytical support throughout the operation.”

Click here for full statement.

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Interview with Frontex Director Regarding the 5000 Tunisians in Italy

Frontex Director Ilkka Laitinen was interviewed by Spiegel Online.  He expressed the view that Frontex’s main task in regard to the 5000 or so Tunisian migrants who have reached Italy over the past several weeks will be facilitating the return of most of them to Tunisia.  According to Laitinen, only a “very few” of the Tunisians have sought asylum protection.  He also said that Frontex “experts [had] come to the conclusion that the flight of the 5,000 had been planned for a long time. ‘Twenty human traffickers have already been arrested[.] They had just been waiting for the right opportunity.’”

While the view that most of the Tunisians who have arrived to date in Italy will not qualify for asylum or subsidiary protection is shared by many others, if and when people begin fleeing directly from Libya, whether they be Libyan or non-Libyan, there will almost certainly be a much larger number of qualified asylum seekers in any new migrants flows, especially if the Gaddafi regime remains in power.

Click here for article.

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Libyan Interior Minister Met Commissioner Malmström on 15 Feb.

According to the EU Observer, Libya’s Interior Minister met last week with Commissioner Cecilia Malmström: “It emerged on Monday  [21 Feb.] that the Libyan interior minister, Abdel Fatah Younes, visited EU home affairs commissioner [Cecilia Malmström] last Tuesday (15 February) to discuss ‘how to put into practice’ an agreement reached in October on immigration co-operation.  The commission last year offered the country some €50 million euros to assist in efforts to prevent irregular migrants from reaching the Mediterranean’s northern shores. At the meeting, it is thought that a figure of 2 million refugees was brandished by Mr Younes.”

It is unclear from the article whether Libya used this meeting with Malmström to communicate a threat to halt cooperation on irregular immigration similar to the one that was communicated to the Hungarian Ambassador to Libya on 17 February or whether this was an otherwise routine meeting in furtherance of the EU-Libya framework agreement.

Click here for article.

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Frattini and Berlusconi Slow to Criticise Gaddafi

As reported by the EU Observer, while the EU and most member states are now condemning Libya’s actions, “[o]n the other side of the EU divide, Italy is horrified at the possible loss of a close ally. Foreign minister and ex-EU-commissioner Franco Frattini is trying to convince other European states that Mr Gaddafi has promised constitutional reforms and that the bloc should allow him to make good. ‘Italy as you know is the closest neighbour of both Tunisia and Libya so we are extremely concerned about the repercussions on the migratory situation in the southern Mediterranean,’ Mr Frattini told reporters on Sunday. The previous day, Prime Minister Silvio Berlusconi said he did not want to ‘disturb’ his long-time friend with appeals for restraint.”

Click here for article.

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Correction-Libyan Govt Summoned Hungarian Ambassador, Not EU Rep

According to a more recent Reuters Africa report, the Libyan threat to halt cooperation on immigration was communicated this past Thursday to the Hungarian Ambassador in Tripoli.  This information was then released by the Hungarian EU Presidency.

Click here for article.

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Libya Issues Immigration Threat to EU

The EU Hungarian Presidency announced earlier today that the Libyan government summoned the EU representative in Tripoli [UPDATE – it was reportedly the Hungarian Ambassador to Libya who was summoned this past Thursday] and informed the representative that Libya will halt cooperation on illegal migration if the European Union continues to “encourage” protests in Libya.  It is unclear whether there has been any response yet by the EU to the Libyan threat.

Click here and here for articles.  (IT)   [Click here (EN) for updated article.]

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Frontex Press Release: Hermes 2011 Starts Tomorrow in Lampedusa

Frontex news release:  “Hermes 2011 Starts Tomorrow in Lampedusa, 19-02-2011

Joint Operation (JO) Hermes 2011 is due to start tomorrow with the deployment of additional aerial and maritime assets from Italy and Malta.  In the following days the second line activities will be activated with the deployment of debriefing/screening experts. Their task will be to gather information necessary needed for analysis, to make assumptions concerning migrants’ nationalities, and to enable early detection and prevention of possible criminal activities at the EU external borders.  Next important element of this operation will be to provide assistance at the following stage focusing on organising return operations to the countries of origin.  Frontex risk analysis experts will be supporting Italian authorities producing targeted risk analysis identifying vulnerabilities and security risks that might occur at the EU southern external border.

Background – Frontex received a formal request for assistance on February 15th from the Italian Ministry of Interior regarding the extraordinary migratory situation in the Pelagic Islands. The Italian Government requested assistance in strengthening the surveillance of the EU’s external borders in the form of a Joint Operation. Additionally, Italy requested a targeted risk analysis on the possible future scenarios of the increased migratory pressure in the region in the light of recent political developments in North Africa and the possibility of the opening up of a further migratory front in the Central Mediterranean area.

According to the Italian Ministry of Interior, approximately 6,000 irregular migrants, mostly of the Tunisian origin, have arrived on the Italian coast in the last month, of whom 3,000 have arrived since February 11th. Before February 11th, only 14 Tunisian nationals had arrived on the Italian coast in 2011.”

Click here for link.

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Frontex Operation Hermes to Begin on Sunday, 20 Feb.–Push-Back Practice Prohibited

Commissioner Cecilia Malmström announced today that the new Frontex mission, Operation Hermes, will begin operations tomorrow, 20 February.  According to AFP, the initial deployment will consist of about 30 personnel, aircraft, and several ships.  A dozen member states have expressed willingness to send assests to the new joint operation.

In an interview published earlier today, before the announcement of Operation Hermes, Commissioner Malmström clearly stated that the Frontex mission will be governed by European legislation and that the interdiction and push-back of migrants encountered at sea is not permitted.  In the earlier interview the Commissioner said that the mission will provide surveillance by air in support of the Italian authorities which will detect any new influx of migrants as soon as it occurs and sound the alarm for naval surveillance which will in turn lead migrant boats to “safe ports.”  (“Di sorveglianza dal cielo in supporto alle autorità italiane. Potranno individuare ogni nuovo flusso di migranti non appena si manifesti. E lanciare l’allarme ai mezzi di sorveglianza navale, facendo condurre i barconi verso porti sicuri.”)  When asked whether push-backs of migrant boats would occur, the Commissioner said that the push-back practice was prohibited by European norms. (“I respingimenti sono espressamente proibiti dalle norme europee.”)

Click here and here for articles.  (IT)

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Frontex’s Role to be One of Coordination

Consistent with its mandate and standard practice, Frontex’s role in the new Central Mediterranean joint operation will be one of coordination.  According to DI-VE, “[i]n the current situation, [Frontex] foresees its main role as coordinating border guards from among the member states, particularly with regard to second-line experts in the screening and debriefing of irregular migrants as well as in coordinating an appropriate operational response to the humanitarian needs in the area. In addition, the agency is investigating the most optimal means by which to adapt a range of technical assets engaged in sea border operations in the Mediterranean to the needs of the Italian authorities.”

Click here for article.

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Frontex Central Mediterranean Operation Likely to Begin Within Days; Dutch to Send Coast Guard Plane to Lampedusa; France and Spain Likely to Deploy Planes or Ships

The Dutch government has decided to deploy a Coast Guard surveillance plane to Italy to participate in the new Frontex joint operation.  The Dutch decision was announced by Immigration and Asylum Minister Gerd Leers on Friday.  The plane and two Dutch border guards are scheduled to be deployed for at least six weeks beginning 21 February.

The Financial Times reports today that the Frontex joint operation may be operational early next week and that details are being finalised at a meeting that is taking place today in Rome between European Commission and Italian officials.  According to the FT article, one topic under discussion is the situation in Libya and the possibility for a larger wave of migrants should the situation in Libya become more unstable or should Gaddafi’s government collapse.

Click here (EN) (FT registration may be required), here (NL), here (NL), and here (EN) for articles.

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Frontex Begins Consultations for Emergency Joint Operation –2010 Frontex Sea Border Rule Should Govern Joint Operation

The European Voice reports that Frontex began consultations yesterday with member states to identify what equipment and personnel they will commit to a planned joint operation with Italy to deter migrants seeking to leave North Africa. “Naval vessels, surveillance aircraft and enhanced radar tracking are likely to be deployed….”

Assuming an emergency joint operation is deployed in the coming days, it may to some extent simply be a revival of Frontex’s Joint Operation Nautilus (slated to be renamed Operation Chronos).  Less than two weeks ago, on 4 February Malta for the second year running announced that it would not host or participate in Operation Nautilus this year due to the success of Italy’s push-back agreement with Libya which eliminated the movement of migrants in the Central Mediterranean.

Malta, however, also likely refused to host the Frontex mission due to the 2010 guidelines governing Frontex enforcement operations at sea which require that intercepted migrants be taken to the country hosting the Frontex mission under certain circumstances.  The validity of the Frontex sea border rule is currently under review by the European Court of Justice.  The legal challenge to the rule was brought by the European Parliament.  Maltese MEP Simon Busuttil initiated the challenge within the LIBE Committee.  It will be interesting to see what role Malta will be willing to play in any new emergency joint operation.  Even though the Frontex sea border rule is under review by the ECJ, the referral clearly requested the ECJ “to preserve the effects of the measure until a new legislative act has been adopted.”  The rule therefore remains in effect.

Click here for EV article.

Click here for the Council decision on the surveillance of  sea external borders (the Sea Border Rule).

Click here, here, here, here, and here for previous posts on the sea border rule and the ECJ challenge.

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